Freedom of Information (Scotland) Act 2002
Part 1Access to information held by Scottish public authorities
Right to information
1 General entitlement
2 Effect of exemptions
3 Scottish public authorities
4 Amendment of schedule 1
5 Further power to designate Scottish public authorities
6 Publicly-owned companies
7 Public authorities to which Act has limited application
7AReports on section 5 power
8 Requesting information
9 Fees
10 Time for compliance
11 Means of providing information
12 Excessive cost of compliance
13 Fees for disclosure in certain circumstances
14 Vexatious or repeated requests
15 Duty to provide advice and assistance
Responses to request
16 Refusal of request
17 Notice that information is not held
18 Further provision as respects responses to request
Content of certain notices
19 Content of certain notices
Review of refusal, etc.
20 Requirement for review of refusal etc.
21 Review by Scottish public authority
Records transferred to the Keeper of the Records of Scotland
22 Special provisions relating to records transferred to Keeper
Publication schemes
23 Publication schemes
24 Model publication schemes
Part 2Exempt Information
25 Information otherwise accessible
26 Prohibitions on disclosure
27 Information intended for future publication
28 Relations within the United Kingdom
29 Formulation of Scottish Administration policy etc.
30 Prejudice to effective conduct of public affairs
31 National security and defence
32 International relations
33 Commercial interests and the economy
34 Investigations by Scottish public authorities and proceedings arising out of such investigations
35 Law enforcement
36 Confidentiality
37 Court records, etc.
38 Personal information
39 Health, safety and the environment
40 Audit functions
41 Communications with Her Majesty etc. and honours
Part 3The Scottish Information Commissioner
42 The Scottish Information Commissioner
43 General functions of Commissioner
44 Recommendations as to good practice
45 Confidentiality of information obtained by or furnished to Commissioner
46 Laying and publication of reports
46AStrategic plans
Part 4Enforcement
47 Application for decision by Commissioner
48 When application excluded
49 Commissioner’s decision
50 Information notices
51 Enforcement notices
52 Exception from duty to comply with certain notices
53 Failure to comply with notice
54 Powers of entry and inspection
55 No civil right of action against Scottish public authority
56 Appeal against notices under Part 4
Part 5Historical records
57 The expression “historical record”
58 Falling away of exemptions with time
59 Power to vary periods mentioned in sections 57 and 58
Part 6Codes of practice
60 Code of practice as to functions under this Act
61 Code of practice as to the keeping, management and destruction of records
Part 7Miscellaneous and supplemental
62 Power to make provision relating to environmental information
63 Disclosure of information to Scottish Public Services Ombudsman or to Information Commissioner
64 Power to amend or repeal enactments prohibiting disclosure of information
65 Offence of altering etc. records with intent to prevent disclosure
65ATime limit for proceedings
66 Saving for existing powers of disclosure
67 Protection from actions for defamation
68 Scottish Parliament and Scottish Administration
69 Exercise of rights by children
70 Amendment of Public Records (Scotland) Act 1937
71 Amendment of Scottish Public Services Ombudsman Act 2002
72 Orders and regulations
73 Interpretation
74 Giving of notice etc.
75 Commencement
76 Short title
SCHEDULE 1Scottish Public Authorities
Part 1Ministers, The Parliament
1The Scottish Ministers.
2The Scottish Parliament.
3The Scottish Parliamentary Corporate Body.
Part 2Non Ministerial Office Holders In The Scottish Administration
4The Chief Dental Officer of the Scottish Administration.
5The Chief Medical Officer of the Scottish Administration.
6Her Majesty’s Inspectors of Constabulary.
7Her Majesty’s Chief Inspector of Prisons for Scotland.
7AThe Drinking Water Quality Regulator for Scotland
7BFood Standards Scotland.
8Her Majesty’s Inspector of Anatomy for Scotland.
9Her Majesty's Chief Inspector of the Scottish Fire and Rescue...
10Her Majesty’s inspectors of schools (that is to say, the...
11The Keeper of the Records of Scotland.
12The Keeper of the Registers of Scotland.
12AThe Office of the Scottish Charity Regulator
13A procurator fiscal.
14The Queen’s and Lord Treasurer’s Remembrancer.
15The Queen’s Printer for Scotland.
16The Registrar General of Births, Deaths and Marriages for Scotland....
17The Registrar of Independent Schools in Scotland.
18A rent officer appointed under section 43(3) of the Rent...
18AThe Scottish Court Service.
18AAThe Scottish Fiscal Commission
18BThe Scottish Housing Regulator.
19A social work inspector appointed under section 4 of the...
Part 3Local Government
20An assessor appointed under section 27(2) of the Local Government...
21A council constituted by section 2 of that Act.
22A joint board, within the meaning of section 235(1) of...
23A licensing board continued in existence by or established under...
24The Strathclyde Passenger Transport Authority.
Part 4The National Health Service
25The Clinical Standards Board for Scotland.
26The Common Services Agency for the Scottish Health Service.
27A Health Board, constituted under section 2 of the National...
27AHealthcare Improvement Scotland.
28The Health Education Board for Scotland.
29The Health Technology Board for Scotland.
29AThe National Waiting Times Centre Board
30A local health council, established under section 7 of the...
31A National Health Service trust.
32NHS 24.
32ANHS Education for Scotland
32BNHS Health Scotland
32C. . . . . . . . . ....
33A person providing primary medical services under a general medical...
34A person providing primary medical services or personal dental services...
35A person providing, in Scotland, piloted services within the meaning...
35APublic Health Scotland.
36The Post Qualification Education Board for Health Service Pharmacists in...
37The Scottish Advisory Committee on Distinction Awards.
38The Scottish Advisory Committee on the Medical Workforce.
39The Scottish Ambulance Service Board.
40The Scottish Council for Post Graduate Medical and Dental Education....
41The Scottish Dental Practice Board.
42The Scottish Health Advisory Service.
43The Scottish Hospital Endowments Research Trust.
44The Scottish Hospital Trust.
45The State Hospitals Board for Scotland.
46The Scottish Medical Practices Committee.
Part 5Educational institutions
47The board of management of a college of further education...
48A central institution within the meaning of the Education (Scotland)...
49An institution in receipt of funding from the Scottish Further...
Part 6Police
50A chief constable of the Police Service of Scotland.
50AThe Scottish Police Authority.
51A joint police board constituted by an amalgamation scheme made...
52The Police Advisory Board for Scotland.
52A. . . . . . . . . ....
Part 7Others
53The Accounts Commission for Scotland.
54. . . . . . . . . ....
55. . . . . . . . . ....
56. . . . . . . . . ....
57Audit Scotland.
58The Auditor General for Scotland.
59The Board of Trustees for the National Galleries of Scotland....
60The Board of Trustees of the National Museums of Scotland....
61The Board of Trustees of the Royal Botanic Garden, Edinburgh....
Bòrd na Gàidhlig
61BThe British Waterways Board.
62. . . . . . . . . ....
62ZZZAChildren’s Hearings Scotland.
62ZZAThe Commissioner for Ethical Standards in Public Life in Scotland....
62ZAThe Commissioner for Children and Young People in Scotland
62A. . . . . . . . . ....
62B. . . . . . . . . ....
62ZZCCommunity Justice Scotland.
62ZCThe Convener of the School Closure Review Panels.
62CCreative Scotland.
62DThe Criminal Courts Rules Council.
63The Crofters Commission.
63ACrown Estate Scotland.
64. . . . . . . . . ....
65. . . . . . . . . ....
66The General Teaching Council for Scotland.
66AHer Majesty's Chief Inspector of Prosecution in Scotland
67Highlands and Islands Enterprise.
67ZAHistoric Environment Scotland.
67ZB67ZB ILF Scotland .
67AThe Historic Environment Advisory Council for Scotland.
67BAn integration joint board established by order under section 9(2)...
68. . . . . . . . . ....
68ZAThe James Hutton Institute.
68AThe Judicial Appointments Board for Scotland
69... A Justice of the Peace Advisory Committee established under...
70Learning and Teaching Scotland.
71The Local Government Boundary Commission for Scotland.
71AThe Moredun Research Institute.
72The Mental Welfare Commission for Scotland.
72AMobility and Access Committee for Scotland.
73A National Park authority, established by virtue of schedule 1...
74The Parole Board for Scotland.
75A person appointed for Scotland under section 3(1) of the...
75ZA. . . . . . . . . ....
75A. . . . . . . . . ....
75ABThe Police Investigations and Review Commissioner.
75ACThe Poverty and Inequality Commission
75BQuality Meat Scotland
75CThe Risk Management Authority
76. . . . . . . . . ....
76AA School Closure Review Panel constituted under section 17A(3) of...
77The Scottish Agricultural Wages Board.
77AThe Scottish Animal Welfare Commission.
78. . . . . . . . . ....
79. . . . . . . . . ....
79AThe Scottish Association of Citizens Advice Bureaux, but only in...
80The Scottish Children’s Reporter Administration.
80AAThe Scottish Civil Justice Council.
80BThe Scottish Commission for Human Rights.
80CThe Scottish Commission on Social Security.
81. . . . . . . . . ....
The Scottish Committee on Climate Change
82. . . . . . . . . ....
83The Scottish Criminal Cases Review Commission.
84Scottish Enterprise.
85The Scottish Environment Protection Agency.
85ZAThe Scottish Fire and Rescue Service.
85ZBThe Scottish Fuel Poverty Advisory Panel.
85AThe Scottish Further and Higher Education Funding Council.
85B. . . . . . . . . ....
86. . . . . . . . . ....
87. . . . . . . . . ....
88. . . . . . . . . ....
89. . . . . . . . . ....
90The Scottish Information Commissioner.
90AThe Scottish Land Commission.
91The Scottish Law Commission.
92The Scottish Legal Aid Board.
92AThe Scottish Legal Complaints Commission.
92BThe Scottish Local Authorities Remuneration Committee
92CThe Scottish National Investment Bank p.l.c.
93Scottish Natural Heritage.
94. . . . . . . . . ....
95The Scottish Public Services Ombudsman.
96The Scottish Qualifications Authority.
97. . . . . . . . . ....
98. . . . . . . . . ....
98AThe Scottish Sentencing Council.
99The Scottish Social Services Council.
100The Scottish Sports Council.
101. . . . . . . . . ....
102Scottish Water.
102ASocial Care and Social Work Improvement Scotland.
102BSouth of Scotland Enterprise.
103. . . . . . . . . ....
104The Standards Commission for Scotland.
105The National Library of Scotland .
105AVisitScotland.
106The Water Industry Commission for Scotland.
SCHEDULE 2The Scottish Information Commissioner
1Status
2Pensions, allowances, etc.
3Staff
4Accountable officer
Budget
4A(1) The Commissioner must, before the start of each financial...
5Accounts
6General powers
Location of office
7The Commissioner must comply with any direction given by the...
Sharing of premises, staff, services and other resources
8The Commissioner must comply with any direction given by the...
Restrictions on subsequent appointments etc.
9(1) A person who has ceased being the Commissioner may...
SCHEDULE 3Powers Of Entry And Inspection
1Grant of warrants
2(1) A sheriff must not grant the warrant unless satisfied—...
3Execution of warrants
4The warrant must be executed at a reasonable hour, unless...
5(1) If the premises in respect of which the warrant...
6(1) A person seizing anything in pursuance of the warrant...
7Matters exempt from inspection and seizure
8(1) Subject to the provisions of this paragraph, the powers...
9If the person in occupation of premises in respect of...
10Offences
11Vessels, vehicles etc.
SCHEDULE 4Consequential Amendments To Scottish Public Services Ombudsman Act 2002
1In section 19(8) of the Scottish Public Services Ombudsman Act...
2In schedule 5 to that Act (which specifies persons or...

Freedom of Information (Scotland) Act 2002

2002 asp 13

An Act of the Scottish Parliament to make provision for the disclosure of information held by Scottish public authorities or by persons providing services for them; and for connected purposes.